Registering a Trademark

 

Registering a trademark is the primary way to protect your brand identity—including your business name, logo, or slogan—from being used by others.

In India, the process is governed by the Trade Marks Act, 1999 and is managed by the Controller General of Patents, Designs, and Trademarks. Here is a breakdown of the process, costs, and benefits as of 2026.

📋 Step-by-Step Registration Process

The journey from a "proposed" mark to the official ® symbol typically takes 8 to 12 months if there are no objections.

  1. Trademark Search: Before filing, search the IP India Online Database to ensure your mark isn't identical or phonetically similar to an existing one.
  2. Filing the Application (Form TM-A): Once cleared, you file your application. You can immediately start using the ™ symbol.
  3. Vienna Codification: For logo marks, the registry assigns a code based on the visual elements (e.g., a "lion" symbol gets a specific code).
  4. Examination: A government examiner reviews the application for distinctiveness. They may issue an Examination Report if they find issues.
  5. Publication (Trademark Journal): If accepted, your mark is published in the weekly Trademark Journal. This opens a 4-month window for the public to "oppose" your registration.
  6. Registration: If no one opposes it (or you win the opposition hearing), the registry issues a digital Registration Certificate. You can now use the ® symbol.

 

💰 2026 Fee Structure (Government Fees)

Fees are per "class" (category of goods/services). There are 45 classes in total.

Applicant Type

Online Filing (E-filing)

Physical Filing

Individual / Startup / MSME

₹4,500

₹5,000

Company / Partnership / LLP

₹9,000

₹10,000

Note: Professional fees for a lawyer or agent typically range from ₹2,000 to ₹10,000 additional, depending on the complexity and whether they need to respond to objections.

 

🛡️ Why Register? (The Benefits)

  • Legal Protection: It is the only way to sue for "infringement." Without it, you can only sue for "passing off," which is much harder to prove in court.
  • Intangible Asset: A trademark is property. You can sell it, license it for royalties, or even use it as collateral for loans.
  • 10-Year Protection: Once registered, it is valid for 10 years and can be renewed indefinitely every decade.
  • Global Foundation: An Indian registration can be used as the basis for international filing via the Madrid Protocol.

 

🔍 Trademark vs. Others

Feature

Trademark

Copyright

Patent

Protects

Brand identity (Names, Logos)

Creative works (Music, Art)

Inventions & Processes

Duration

Indefinite (Renew every 10 yrs)

Life + 60 years

20 years

Symbol

™ or ®

©

None (Pat. Pending)

Would you like me to help you search for a specific brand name in the trademark database or identify which classification (class) your business falls under.

 

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Location: India

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